ORS 657.315
Deduction of benefits paid in error not due to recipient fault

  • director discretion
  • civil action by director

(1)

Intentionally left blank —Ed.

(a)

If the Director of the Employment Department decides that an individual has been paid benefits to which the individual is not entitled because of an error not due to the individual providing a false statement or misrepresentation of a material fact or not disclosing a material fact, or because an initial decision to pay benefits is subsequently reversed by a decision finding the individual is not eligible for the benefits, the individual is liable to have the amount deducted from any future benefits otherwise payable to the individual under this chapter or the equivalent law of another state for any week or weeks within five years following the week in which the decision establishing the erroneous payment became final.

(b)

For purposes of paragraph (a) of this subsection, the director may deduct all or any part of the individual’s future weekly benefits.

(c)

Any notice provided to an individual of the individual’s liability for recovery of benefits under this section must include a description of:

(A)

The basis for the director’s decision that benefits have been overpaid; and

(B)

The consequences of the overpayment, including recovery of the overpaid amount and the possibility of waiver under ORS 657.317 (Waiver of recovery of overpaid benefits).

(2)

Subject to ORS 657.269 (Decision final unless hearing requested) and 657.270 (Hearing upon decision), a decision of the director under this section does not authorize the recovery of the amount of any benefits paid to an individual until the decision is final.

(3)

The director may bring a civil action against an individual to recover amounts paid to the individual in excess of the maximum benefits allowable pursuant to this chapter. [Amended by 1971 c.77 §2; 1975 c.284 §3; 1977 c.400 §6; 1993 c.778 §18; 2005 c.182 §4; 2013 c.703 §2; 2015 c.530 §1; 2021 c.388 §2]
Note: See note under 657.310 (Repayment or deduction of benefits paid due to misrepresentation by recipient).

Source: Section 657.315 — Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director, https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html.

Notes of Decisions

Civil action is sole means available for Employment Division to recover erroneous payment of benefits. Johnson v. Employment Div., 67 Or App 710, 680 P2d 386 (1984)

657.005
Short title 657.007
Conflict with state law 657.010
Definitions 657.015
Employee 657.020
Employing unit 657.025
Employer 657.030
Employment generally 657.035
Employment 657.040
Employment 657.043
Employment 657.044
Employment 657.045
Employment 657.046
Employment 657.047
Employment 657.050
Employment 657.053
Employment 657.056
Employment 657.060
Employment 657.065
Employment 657.067
Employment 657.072
Employment 657.075
Employment 657.078
Employment 657.080
Employment 657.085
Employment 657.087
Employment 657.088
Employment 657.090
Employment 657.091
Employment 657.092
Employment 657.093
Employment 657.094
Employment 657.095
Payroll 657.097
Political subdivision 657.100
Unemployment 657.105
Wages 657.115
Wages 657.117
Wages 657.120
Wages 657.125
Wages 657.130
Wages 657.135
Wages 657.140
Wages 657.142
Inclusion of split week in calendar quarter 657.144
Notice to individual of effect of filing claim for benefits 657.146
Withholding from benefits for tax purposes 657.148
Compliance with federal requirements for collection and payment of federal taxes 657.150
Amount of benefits 657.152
Adjusting benefits to even dollar amounts 657.153
Back pay not to be reduced by benefits received 657.155
Benefit eligibility conditions 657.156
Reemployment service assistance 657.158
Self-employment assistance 657.159
Claimants required to submit job qualifications to Oregon State Employment Service 657.165
Waiting period eligibility, condition, limitation 657.167
Amount and time period for payment of benefits to educational institution employees 657.170
Extending base year 657.173
Alternate base year 657.176
Grounds and procedure for disqualification 657.179
Eligibility of individuals participating in certain federally approved training 657.184
Benefits payable for service by aliens 657.186
Benefits payable for service by athletes 657.190
Suitable work 657.195
Suitable work 657.200
Labor dispute disqualification 657.202
Temporary lockout benefits 657.205
Deduction of retirement pay 657.210
Disqualification in other jurisdictions 657.213
Ineligibility for benefits upon conviction of fraud in obtaining benefits 657.215
Disqualification for misrepresentation 657.221
Ineligibility for benefits of certain educational institution employees 657.255
Method of payment of benefits 657.260
Filing claims for benefits 657.262
Information provided by public employer to employees 657.265
Notice of claim filing to employing unit or agent of employing unit 657.266
Initial determination of eligibility and amount of benefits 657.267
Allowing or denying claim 657.268
Filing information on issues not previously decided 657.269
Decision final unless hearing requested 657.270
Hearing upon decision 657.273
Restriction on use of findings, orders and judgments in other proceedings 657.275
Review by Employment Appeals Board 657.280
General procedure and records concerning disputed claims 657.282
Judicial review of decisions under ORS 657.275 657.290
Continuous jurisdiction of director 657.295
Witness fees 657.300
False statements or failure to report material fact by employer 657.306
Combining decision on claim for benefits with decision on recovery of benefits 657.310
Repayment or deduction of benefits paid due to misrepresentation by recipient 657.312
Offset of moneys owed to debtor by federal and state governments against certain benefit overpayments 657.315
Deduction of benefits paid in error not due to recipient fault 657.317
Waiver of recovery of overpaid benefits 657.320
Cancellation of unrecoverable benefits 657.321
Definitions for ORS 657.321 to 657.329 657.323
ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter 657.325
Extended benefits 657.326
Adjustment of extended benefits to be received when benefit year ends within extended benefit period 657.327
Notice of effectiveness of extended benefits 657.328
Eligibility period adopted by rule 657.329
Applicability of ORS 657.321 to 657.329 657.331
“Additional benefits” and “additional benefit period” defined 657.332
Eligibility for benefits 657.333
Charging employer’s account for benefits 657.334
Limitation on period for which benefits paid 657.335
Definitions for ORS 657.335 to 657.360 657.340
Eligibility for benefits 657.345
Approval of programs by director 657.350
Rules for administering training program 657.355
Denial of benefits to trainees subject to review 657.357
Apprenticeship program participants eligible for benefits 657.360
When employer charged for benefits 657.370
Definitions for ORS 657.370 to 657.390 657.375
Plan applications 657.380
Eligibility of employees 657.385
Method of paying benefits 657.390
Employer charged for benefits in same manner as for regular or extended benefits 657.392
Benefits subject to recovery as lien on real or personal property 657.394
Filing of lien statement or warrant 657.396
Alternative remedies for collection of amounts liable to be repaid 657.398
Release, compromise or satisfaction of lien 657.400
Employment Department Special Fraud Control Fund 657.405
“Computation date” defined for ORS 657.430 to 657.463 and 657.471 to 657.485 657.410
Minimum wage for employee without fixed wage 657.415
When employer ceases to be subject to this chapter 657.425
Election of coverage for services that do not constitute employment as defined in this chapter 657.430
Tax rates based on experience 657.435
Base rate for first year 657.439
Wage Security Program funding 657.457
Penalty when employer fails to file contribution reports and pay contributions when due 657.458
Definitions for employer tax rate computations 657.459
Computation of Fund Adequacy Percentage Ratio 657.462
Computation of benefit ratio 657.463
Tax rate schedules 657.467
Amounts included in fund adequacy percentage ratio computations 657.471
Manner of charging benefits to employer 657.473
Statement of benefits charged to employer’s account 657.475
Where a number of the same workers are normally employed by several employers 657.477
Related corporations as common paymaster 657.480
Effect of transfer of trade or business 657.485
Notice of rate 657.487
Judicial review of decisions under ORS 657.485 657.490
Employer or employee has no prior right to employer’s contributions 657.495
Fraud in lowering contributions 657.504
Applicability of noncharging provisions 657.505
Payment of and liability for taxes 657.507
Employer’s security for payment of contributions 657.508
Failure to comply with ORS 657.507 657.509
Taxes from political subdivisions and people’s utility districts 657.510
Refunds 657.513
Political subdivision contribution payments from Local Government Employer Benefit Trust Fund 657.515
Delinquent taxes 657.516
Liability of certain officers, members, partners and employees for amounts in default 657.517
Authority of director to compromise or adjust debts or overpayments 657.520
Claims for contribution preferred 657.525
Lien on subjects and products of labor for which contributions are due 657.530
Lien on property used in connection with employment on which contributions are due 657.535
Liens under ORS 657.525 or 657.530 657.540
Lien on property of defaulting employer 657.542
Filing liens and warrants with Secretary of State 657.545
Release of ORS 657.540 lien by filing security 657.552
Limitations on notices of assessment and on actions to collect contributions, interest and penalties 657.555
Authority to release, compromise or satisfy liens 657.557
Remedies for collection of contributions not exclusive 657.560
Joining director in actions involving title of property subject to director’s lien 657.565
Unlawful practices of employer 657.571
Quarterly or annual tax report 657.575
Repayment of default by nonprofit employing unit 657.601
Employment Department 657.608
Director 657.610
Director 657.615
Investigations and recommendations to legislature 657.620
Determination of adequate fund reserve 657.625
Publication of rules, reports and information on Employment Department law 657.630
Quasi-judicial powers in administrative hearings 657.635
Circuit court to enforce obedience to subpoenas 657.640
Attorney General to represent director 657.642
Alternative remedies for collection of taxes, interest and penalties 657.646
Use of warrant to collect amount of judgment 657.652
Certificate as evidence in proceeding 657.655
Certified copies of records as evidence 657.657
Acquisition of land and offices 657.660
Records and reports of employing units 657.663
Penalty for failure by employer to file reports 657.665
Confidentiality of information 657.673
Disclosure of wage information to consumer reporting agency 657.676
Reconsideration of determinations 657.679
Determination that employing unit or employment is subject to this chapter 657.681
Computation and assessment of employer contributions and interest 657.682
Assessments against reorganized business entity 657.683
Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682 657.684
Judicial review of decisions under ORS 657.683 657.685
Employment Appeals Board 657.690
Employment Appeals Board powers 657.695
Employment Department Advisory Council 657.700
Special councils for program development 657.702
Department to encourage volunteering 657.705
Oregon State Employment Service 657.710
Free public employment offices 657.715
Wagner-Peyser Act accepted 657.720
Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service 657.725
Employment districts 657.730
Workforce and labor market information system 657.734
Performance Reporting Information System 657.747
Department to inform employer and United States Department of Labor of employer’s noncompliance with certain federal requirements regarding federal forest maintenance activity 657.749
Department actions when certain forest maintenance activity jobs listed 657.755
Cooperation with federal agencies administering unemployment insurance laws 657.757
Cooperation with federal agencies administering training or retraining programs and other assistance 657.760
Reciprocal agreements on coverage and collection of contributions 657.765
Reciprocal agreements concerning payroll taxes for out-of-state work 657.770
Reciprocal agreements concerning wages used as basis for benefits 657.775
Cooperation with other states on reciprocal basis for collection of contributions 657.780
Agreements with governmental agencies to withhold benefits for child support obligations 657.783
Supplemental Employment Department Administration Fund 657.785
Agreement for Interstate Reciprocal Overpayment Recovery Arrangement 657.805
Unemployment Compensation Trust Fund 657.807
Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund 657.810
Deposit and use of fund 657.812
Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury 657.813
Use of moneys made available under Social Security Act for administrative expenses 657.815
Unemployment Compensation Benefit Fund 657.820
Unemployment Compensation Administration Fund 657.822
Employment Department Special Administrative Fund 657.823
Employment Tax Guarantee Fund 657.825
Expenditure of federal funds 657.830
State Treasurer as custodian of funds 657.840
Federal Advance Interest Repayment Fund 657.855
Benefits not assignable 657.860
Agreement of employee to pay contributions void 657.865
No vested rights 657.870
When operation of this chapter ceases 657.875
Extending period for appeal in certain claim and contribution matters 657.880
Health care coverage for unemployed individuals 657.885
“Health care coverage” defined 657.895
Unemployment compensation programs under federal authority 657.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 657.315’s source at oregon​.gov